Wednesday, February 13, 2008

US Court of Appeals Throws Out Texas "Dildo" Law!

The most ridiculous law to grace the books of the State of Texas in quite a while has been tossed out by the US 5th Circuit Court of Appeals. The infamous “Dildo Law” making possession of 6 or more “obscene devices” a crime has been declared unconstitutional. By a vote of 2-1, the appellate court holds that "the statute has provisions that violate the Fourteenth Amendment of the U.S. Constitution."

The majority opinion follows:

Because of Lawrence, the issue before us is whether the Texas statute impermissibly burdens the individual's substantive due process right to engage in private intimate conduct of his or her choosing. Contrary to the district court's conclusion, we hold that the Texas law burdens this constitutional right. An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right.

What it means is that boutiques and adult stores can now legally sell sex toys without having to hide them behind the guise of “for novelty only” or calling them as one store actually called them, “cake toppers”.

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